Legal analysis
According to the relevant laws and regulations, the crime of illegal logging and destruction of plants under special state protection refers to the act of illegal logging and destruction of plants under special state protection in violation of the provisions of the Forest Law. China is a country with vast territory and abundant resources, so it pays more attention to the protection of animals and plants than other countries. These animals and plants have become endangered wild animals and plants because of natural or man-made reasons, so everyone has the obligation to protect these animals and plants. The state implements the policy of strengthening protection, active development and rational utilization of plants under special state protection. At the same time, the state also protects the legitimate rights and interests of all units and individuals that use, manage and manage plant resources under special state protection. All units and individuals have the obligation to protect plants under special state protection. Units and individuals that cut plants under special state protection must collect them in accordance with the types, quantities, locations, time limits and methods specified in the cutting license. Failing to apply for a cutting license or a cutting license, or failing to cut plants under special state protection in accordance with the specified species, quantity, place and time limit, which seriously violates the national forestry management system and damages the natural environment.
legal ground
People's Republic of China (PRC) Forest Law Article 32 The state implements a comprehensive natural forest protection system, strictly restricts natural forest harvesting, strengthens the capacity building of natural forest management and protection, protects and restores natural forest resources, and gradually improves the ecological functions of natural forests. Specific measures shall be formulated by the State Council.
Article 344 of the Criminal Law of People's Republic of China (PRC), whoever illegally cuts or destroys plants under special state protection in precious trees or other countries, or illegally buys, transports, processes or sells plants under special state protection in precious trees or other countries and their products, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 344-1 Whoever, in violation of State regulations, illegally introduces, releases or abandons alien invasive species, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.